(1) Any employer subject to the provisions of articles 40 to 47 of this title shall secure compensation for all employees in one or more of the following ways, which shall be deemed to be compliance with the insurance requirements of said articles:
(a) By insuring and keeping insured the payment of such compensation in the Pinnacol Assurance fund;
(b) By insuring and keeping insured the payment of such compensation with any stock or mutual corporation authorized to transact the business of workers' compensation insurance in this state. If insurance is effected in such stock or mutual corporation, the employer or insurer shall forthwith file with the division, in form prescribed by it, a notice specifying the name of the insured and the insurer, the business and place of business of the insured, the effective and termination dates of the policy, and, when requested, a copy of the contract or policy of insurance.
(c) By procuring a self-insurance permit from the executive director as provided in section 8-44-201, except for public entity pools as described in section 8-44-204 (3), which shall procure self-insurance certificates of authority from the commissioner of insurance as provided in section 8-44-204;
(d) By procuring a self-insurance certificate of authority from the commissioner of insurance as provided in section 8-44-205.
(2) It shall be unlawful, except as provided in sections 8-41-401 and 8-41-402, for any employer, regardless of the method of insurance, to require an employee to pay all or any part of the cost of such insurance.
(3) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), all public entities in the state shall insure and keep insured the payment of compensation by electing one of the methods provided in subsection (1) of this section. A public entity having an insured payroll of less than one million dollars annually shall not be eligible for self-insurance; except that public entities forming a pool pursuant to section 8-44-204 (3) shall be eligible if the total of all the payrolls of the public entities in the pool exceeds the required minimum.
(II) Any public entity in the state that is participating in the federal prison industry enhancement certification program pursuant to the federal "Justice System Improvement Act of 1979", 18 U.S.C. sec. 1761 (c), shall insure and keep insured the payment of compensation by electing one of the methods provided in subsection (1) of this section; except that the method for insuring the participants of such program need not be the same method selected by the public entity pursuant to subparagraph (I) of this paragraph (a).
(b) For purposes of this subsection (3), the department of human services, by virtue of the self-insurance program established pursuant to section 8-44-203, shall be considered a public entity of the state.
Source: L. 90: Entire article R&RE, p. 520, § 1, effective July 1. L. 94: (3)(b) amended, p. 2635, § 72, effective July 1. L. 2002: (1)(a) amended, p. 1884, § 33, effective July 1. L. 2010:
(3)(a) amended, (HB 10-1109), ch. 171, p. 607, § 3, effective August 11.
Editor's note: This section is similar to former § 8-44-101 as it existed prior to 1990.
Notes of Decisions
Pinnacol Assurance v. Hoff, 2016 CO 53 (Colo. 2016).
· cites it 2× “2d 1161, 1163 (Colo. 1995); see also § 8-40-102(1). To that end, any “employer” subject to the Act must “secure compensation for all employees” by maintaining workers’ compensation insurance.”
People v. Oliver, 2016 COA 180 (Colo. Ct. App. 2016).
· cites it 3× “Pinnacol Assurance is the first option given to employers for insuring their employees in section 8-44-101, C.R.S. 2016. Pinnacol is an entity created by the General Assembly as a political subdivision of the state, and it operates as a domestic mutual insurance company.”
United States Fid. & Guar., Inc. v. Kourlis, 868 P.2d 1158 (Colo. Ct. App. 1994).
· cites it 6× “His initial ground is that Beard failed to “secure” compensation pursuant to § 8-44-101 and therefore failed to comply with the insurance provisions of the Act.”
Meyer v. Indus. Comm'n of Colorado, 644 P.2d 46 (Colo. Ct. App. 1981).
· cites it 5× “Claimant suggests that because the Social Security Insurance system is financed to the extent of 50% by employee “contributions,” the practical effect of Colorado’s offset provision is that the employee is paying for his Workmen’s Compensation in contravention of § 8-44-101(2),…”
Am. Fam. Mut. Ins. Co. v. Ashour, 2017 COA 67 (Colo. Ct. App. 2017).
· cites it 2× “§ 8-44-101(1), C.R.S. 2016. ¶ 14 An employer who has complied with the Act shall not be subject to the provisions of section 8-41-101; nor shall such employer or the insurance carrier, if any, insuring the employer’s liability under said articles be subject to any other…”
Lathrop v. Enternmann's, Inc., 770 P.2d 1367 (Colo. Ct. App. 1989).
· cites it 2× “The statutory scheme revealed in the Act is to require an employer, by insurance or otherwise, to provide for the benefits assured to his employees, and in return, an employee has as his sole remedy a claim pursuant to the Act.”
Pace Membership Warehouse v. Axelson, 938 P.2d 504 (Colo. 1997).
· cites it 2× “Pursuant to section 8-44-101, 3B C.R.S. (1996 Supp.), each employer subject to the Workers’ Compensation Act shall secure compensation insurance in one of three ways: 1.”
Bldg. & Constr. Trades Dep't v. Rockwell Int'l Corp., 756 F. Supp. 492 (D. Colo. 1991).
· cites it 2× “” § 8-44-101. Dow and Rockwell have submitted worker’s compensation insurance policies issued by The Traveler’s Insurance Company, a stock insurance company, covering Rocky Flats for the entire time that they operated the plant.”
Royal Globe Ins. Co. v. Collins, 723 P.2d 731 (Colo. 1986).
· cites it 2× “For example, section 8-51-113 prohibits “waiver of compensation or medical benefits,” section 8-49-101(l)(b) expressly requires employers to insure their “liability for the medical, surgical, and hospital expenses provided for in this article,” while section 8-44-101 requires…”
— Colo. Rev. Stat. § 8-44-101(1) — 8 cases
Am. Fam. Mut. Ins. Co. v. Ashour, 2017 COA 67 (Colo. Ct. App. 2017).
“§ 8-44-101(1), C.R.S. 2016. ¶ 14 An employer who has complied with the Act shall not be subject to the provisions of section 8-41-101; nor shall such employer or the insurance carrier, if any, insuring the employer’s liability under said articles be subject to any other…”
Lathrop v. Enternmann's, Inc., 770 P.2d 1367 (Colo. Ct. App. 1989).
“The statutory scheme revealed in the Act is to require an employer, by insurance or otherwise, to provide for the benefits assured to his employees, and in return, an employee has as his sole remedy a claim pursuant to the Act.”
— Colo. Rev. Stat. § 8-44-101(1)(a) — 1 case
Pinnacol Assurance v. Hoff, 2016 CO 53 (Colo. 2016).
“2d 1161, 1163 (Colo. 1995); see also § 8-40-102(1). To that end, any “employer” subject to the Act must “secure compensation for all employees” by maintaining workers’ compensation insurance.”
— Colo. Rev. Stat. § 8-44-101(1)(b) — 1 case
— Colo. Rev. Stat. § 8-44-101(2) — 1 case
Meyer v. Indus. Comm'n of Colorado, 644 P.2d 46 (Colo. Ct. App. 1981).
“Claimant suggests that because the Social Security Insurance system is financed to the extent of 50% by employee “contributions,” the practical effect of Colorado’s offset provision is that the employee is paying for his Workmen’s Compensation in contravention of § 8-44-101(2),…”
— Colo. Rev. Stat. § 8-44-101(l)(a) — 1 case
— Colo. Rev. Stat. § 8-44-101(l)(b) — 1 case
Bldg. & Constr. Trades Dep't v. Rockwell Int'l Corp., 756 F. Supp. 492 (D. Colo. 1991).
“” § 8-44-101. Dow and Rockwell have submitted worker’s compensation insurance policies issued by The Traveler’s Insurance Company, a stock insurance company, covering Rocky Flats for the entire time that they operated the plant.”
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